New South Wales Consolidated Regulations

ARCHITECTS REGULATION 2004 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Clause 14)

1 Use of nominated architects

(1) In this clause:
"6-month transitional period" means the period commencing on 30 June 2004 and ending on 31 December 2004 (inclusive).

(2) Section 10 (1) of the Act does not operate to prohibit an architect corporation or architect firm from representing itself to be an architect (or allowing itself to be so represented) during the 6-month transitional period if the corporation or firm has at least one architect who is responsible for the provision of architectural services by the corporation or firm.

(3) Section 11 (1) of the Act does not operate to require an architect corporation or architect firm to have a nominated architect at any time during the 6-month transitional period if the corporation or firm has at least one architect who is responsible for the provision of architectural services by the corporation or firm at that time.

(4) An architect corporation or architect firm is taken to have complied with the provisions of section 11 (2) (a) of the Act during the 6-month transitional period if the name of an architect who is responsible for the provision of architectural services by the corporation or firm is set out on its written business correspondence.

(5) Section 11 (2) (b) of the Act does not apply to an architect corporation or architect firm during the 6-month transitional period.

2 Client agreements

(1) In this clause:
"12-month transitional period" means the period commencing on 30 June 2004 and ending on 29 June 2005 (inclusive).

(2) Clause 7 of the NSW Architects Code of Professional Conduct does not apply during the 12-month transitional period to an architect in respect of the provision of an architectural service to an existing client.

(3) A person is an existing client of an architect for the purposes of subclause (2) if:

(a) the architect was on retainer to provide architectural services for the person immediately before 30 June 2004, or

(b) the architect was otherwise engaged (whether by contract or under another arrangement) to provide architectural services to the person immediately before that date.